Shoplifting or retail theft laws vary from state to state, and in many states the act of shoplifting—taking displayed goods from a commercial retail store during store hours and without paying for the goods—is classified as the criminal offense of theft or larceny.

Shoplifting, theft, and larceny laws are often classified in part by the value of the goods stolen, attempted to be stolen, or intended to be stolen. These laws are generally located in a state’s statutes—often in the penal or criminal code.

In New Jersey, shoplifting is addressed under N.J.S.A. 2C:20-11 and is considered a form of theft. The law defines shoplifting as purposely taking merchandise with the intention of depriving the merchant of its value. The severity of the charge and the penalties involved depend on the retail value of the merchandise involved. Shoplifting merchandise with a retail value of less than $200 is considered a disorderly persons offense, which can result in fines and up to six months in jail. As the value of the merchandise increases, the offense can escalate to a fourth degree crime (over $200 but less than $500), third degree crime (over $500 but less than $75,000), or second degree crime (over $75,000), with correspondingly higher penalties, including longer prison terms and larger fines. Additionally, New Jersey law requires civil penalties to be paid to the merchant, and the law allows for community service to be imposed. Repeat offenses can lead to enhanced penalties.